The Trial

THE PURPOSE OF TRIALS

A trial exists to determine the facts: what happened; who did what to whom when? The rules for trials are designed to assure a fair proceeding, one where both sides have an equal chance to present their arguments and evidence. Thus, a trial is an orderly presentation of evidence according to preset rules to determine in a criminal case whether the defendant violated the law or in a civil case whether the defendant is liable. Many of the rules for trials are specified in the United States Constitution. For instance, the constitution guarantees a criminal defendant the right to confront his or her accuser and the right to a jury trial.

In past times, many different methods of determining the facts have been employed. Long ago, there literally was trial by combat as individuals with a dispute were put into a ring and instructed to fight until one side conceded by crying "craven." In Salem, those accused of being witches were immersed in water, and if the person did not drown, she was deemed to be a witch and executed. Over time, societies became dissatisfied with such decision-making methods and devised orderly fact-finding procedures.

STEPS IN A TRIAL

Opening Statement by Plaintiff or Prosecutor

Plaintiffs' attorney (in civil cases) or prosecutor (in criminal cases) explains to the trier of fact the evidence to be presented as proof of the allegations (unproven statements) in the indictment or complaint.

Opening Statement by Defense

Defendant's attorney explains evidence to be presented to deny the allegations made by the plaintiff or prosecutor.

Direct Examination by Plaintiff or Prosecutor

Each witness for the plaintiff or prosecution is questioned. Other evidence (e.g.. documents, physical evidence) in favor of the plaintiff or prosecutor is presented.

Cross-Examination by Defense

The defense has the opportunity to question each witness.
Questioning is designed to break down the story or to discredit a witness in the eyes of the jury.

Motions

If the prosecution/plaintiff's basic case has not been established from the evidence introduced, the judge can end the case by granting the defendant's motion to dismiss (in civil cases) or by entering a directed verdict (in criminal cases).

Direct Examination by Defense

Each defense witness is questioned.

Cross-Examination by Plaintiff

Each defense witness is cross-examined.

Closing Statement by Plaintiff

Prosecutor or plaintiff's attorney reviews all the evidence presented (noting uncontradicted facts), states how the evidence has satisfied the elements of the charge, and asks for a finding of guilty (in criminal cases) or for the plaintiff (in civil cases).

Closing Statement by Defense

Same as closing statement by prosecution/plaintiff has the right to make additional closing arguments.

Rebuttal Argument

Prosecutor or plaintiff has the right to make additional closing arguments.

Jury Instruction

Judge instructs jury as to the law that applies in the case.

Verdict

In most states, a unanimous decision is required one way or the other. If the jury cannot reach a unanimous decision, it is said to be a hung jury, and the case may be tried again.

(Reprinted with permission from Street Law; A Course in Practical Law, Third Edition.)

THE ADVERSARY SYSTEM

Trials in the United States are based around the adversarial system. This concept simply means that all proceedings are a competition between the two sides--prosecutor and defendant in a criminal case, plaintiff and defendant in a civil suit. In the adversary system, the parties are responsible for initiating the proceedings, conducting the investigations, and presenting the evidence to the court. Adversary proceedings are designed to allow each side to question the other's witnesses (called cross-examination) and to respond to the other's arguments.

The rationale for the adversary system is that it is best designed to ascertain the truth. In many countries, a government investigator determines the facts. This approach has great risks: lacking a personal stake in the outcome, the person might not do a thorough job; the investigator's biases might unduly influence his or her determinations. In contrast, in an adversary system each side has an incentive to investigate thoroughly and to do its best to make a persuasive case. Also, the adversary system rests on the premise that truth is most likely to emerge form the competition of ideas. If both sides present their case, the trier of fact is well-equipped to decide what happened.

THE EVENTS AT A TRIAL

Therefore, trials are very much structured in a point, counter-point format. The trial itself begins with the prosecutor (in a criminal case) or the plaintiff's lawyer (in a civil case) making an opening statement. The opening statement is the opportunity for the attorney to explain to the judge and/or jury what evidence will be presented. The defense attorney then gives his or her opening statement.

The prosecutor or plaintiff them presents his or her case. The prosecutor and plaintiff are required to present evidence to support each element of a case. For instance, in a murder case, the prosecutor must present evidence that the defendant killed the victim intentionally, with premeditation. Evidence is simply information that helps establish a fact. Evidence might take the form of witnesses' testimony. For example, there might be a witness who saw the defendant shoot the victim. Evidence might be tangible, such as a bullet that matches the defendant's gun. A videotape or photograph of the incident, if they are available, also could be sued as evidence.

The defense attorney has the opportunity to cross-examine every witness presented by the prosecutor or plaintiff. After the prosecutor or plaintiff has completed presenting his or her case, the defense attorney then has the opportunity to respond. Actually he defense attorney is never obligated to say anything. The burden of proof is on the prosecutor in a criminal case and on the plaintiff i a civil proceeding. In other words, the benefit of the doubt--presumption--always rests with the defendant. If the prosecutor or plaintiff cannot meet its burden, the defendant wins. The defendant is never required to prove himself or herself innocent in a criminal case or not liable in a civil case.

In criminal cases, defendants are presumed innocent and the prosecutor must establish the defendant's guilt "beyond a reasonable doubt," which is a very difficult burden to meet. The criminal justice system rests on the notion that it is better to release 10 guilty people rather than convict one innocent person. The system is thus very much designed to prevent that government form wrongly taking away a person's liberty. "Beyond a reasonable doubt" does not mean that the government must establish to a certainty that the defendant committed the crime; however, the jury is always instructed that it cannot convict if it has a serious doubt as to the defendant's guilt.

In civil cases, the plaintiff generally must prove his or her case with a "preponderance of the evidence." In other words, the plaintiff must show that it is more likely than not that the events occurred in the manner described by the plaintiff.

Therefore, because the defendant does not have the burden of proof, the defendant could decide not to present a case and simply argue that the plaintiff or prosecutor did not meet its burden. Usually, though, defendants will present their evidence. Again, the evidence can be testimony from witnesses or tangible evidence. In a criminal case, the defendant never is obligated to take the witness stand and answer questions. The Fifth Amendment's privilege against self-incrimination gives the criminal defendant the right to refuse to testify and prevents any negative inference from being drawn from the defendant's silence.

After the trial is complete, the defense attorney presents his or her closing argument. The closing argument is the opportunity to argue for the desired result based on the evidence presented at trial. The trial concludes wit the plaintiff or prosecutor presenting its closing statement.